1323

Elements—Second Paragraph of 18 U.S.C. § 2314

The elements of the offense contained in the second paragraph of 18 U.S.C. § 2314 are that defendant: (1) devised or intended to devise a scheme or artifice to defraud or obtain money or property by false or fraudulent pretenses, representations, or promises; (2) transported or caused to be transported or induced any person to travel in or be transported in interstate or foreign commerce; (3) in the execution or concealment of a scheme or artifice to defraud that person of money or property having a value of $5,000 or more. The essence of this offense is the interstate transportation of the victim. It does not require an actual loss of property by the victim. See United States v. Benson, 548 F.2d 42 (2d Cir. 1977). The provision does not require a specific intent to defraud a specific individual as it requires only proof of a general intent to defraud. See United States v. Kelly, 569 F.2d 928 (5th Cir. 1978). The government does not have to prove that the victim relied on the false representations and was deceived by them. See United States v. Reina, 446 F.2d 16 (9th Cir. 1971). [cited in USAM 9-61.200]